South Africa’s largest commercial law firms are expected to appear in court this week to challenge the application of the Legal Sector Code under Broad-Based Black Economic Empowerment (BEE), in a matter that is likely to have significant implications for the structure and transformation of the legal profession.
The case centres on the Legal Sector Code, a sector-specific framework developed under the BEE regime to measure transformation within legal services.
Bowmans, Webber Wentzel, Werksman and Deneys formerly known as Norton Rose Fulbright are challenging aspects of the Code’s implementation and its legal validity. The new Code requires large law firms to achieve 50% Black ownership within five years, up from the current 25% requirement, which these firms call “impractical”. The firms further argue that the Code ignores the significant, already established investments they make in transformation,
The General Council of the Bar of South Africa and the Pan African Bar Association of South Africa are expected to participate in the matter in support of the Legal Sector Code. The Black Lawyers Association is also involved as an interested party opposing the challenge, aligning itself with the broader objective of enforcing structural transformation within the profession.
